Scope of subchapter
KRS 386B.13-020
in effect386B.13-020. Scope of subchapter
(1) Except as otherwise provided in subsections (2) and (3) of this section, the provisions of KRS 386B.13-010 to 386B.13-280 shall apply to an express trust that is irrevocable or revocable by the settlor only with the consent of the trustee or a person holding an adverse interest.
(2) KRS 386B.13-010 to 386B.13-280 shall not apply to a trust held solely for charitable purposes.
(3) Subject to KRS 386B.13-140, a trust instrument may restrict or prohibit exercise of the decanting power.
(4) KRS 386B.13-010 to 386B.13-280 do not limit the power of a trustee, powerholder, or other person to distribute or appoint property in further trust or to modify a trust under the trust instrument, statutes of this Commonwealth other than the provisions of KRS 386B.13-010 to 386B.13-280, common law, a court order, or a nonjudicial settlement agreement.
(5) KRS 386B.13-010 to 386B.13-280 do not affect the ability of a settlor to provide in a trust instrument for the distribution of the trust property or appointment in further trust of the trust property or for modification of the trust instrument.
Effective: July 15, 2026
History: Created 2026 Ky. Acts ch. 134, sec. 88, effective July 15, 2026.
Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57751Fetched: 10/20/2026
